§ 35-47-14-2 — Warrant to search for firearm in possession of dangerous individual; reporting

Indiana § 35-47-14-2

• Jurisdiction: Indiana
• Art. 47: WEAPONS AND INSTRUMENTS OF VIOLENCE
• Ch. 14: Proceedings for the Seizure and Retention of a Firearm

Text

(a) A circuit or superior court may issue a
warrant to search for and seize a firearm in the possession of an
individual who is dangerous if:
(1) a law enforcement officer provides the court a sworn affidavit
that:
(A) states why the law enforcement officer believes that the
individual is dangerous and in possession of a firearm; and
(B) describes the law enforcement officer's interactions and
conversations with:
(i) the individual who is alleged to be dangerous; or
(ii) another individual, if the law enforcement officer believes
that information obtained from this individual is credible and
reliable;
that have led the law enforcement officer to believe that the
individual is dangerous and in possession of a firearm;
(2) the affidavit specifically describes the location of the firearm;
and
(3) the circuit or superior court determines that probable cause
exists to believe that the individual is:
(A) dangerous; and
(B) in possession of a firearm.
(b) A law enforcement agency responsible for the seizure of the
firearm under this section shall file a search warrant return with the
court setting forth the:
(1) quantity; and
(2) type;
of each firearm seized from an individual under this section. Beginning
July 1, 2021, the court shall provide information described under this
subsection to the office of judicial administration in a manner required
by the office.

Legislative History

As added by P.L.1-2006, SEC.537. Amended by P.L.289-2019, SEC.8; P.L.142-2020, SEC.76.